The legal case against Trump for what he did (and didn’t do) on Jan 6 took a significant, though not unpredictable, turn today with the release of the following excerpt from Jonathan Karl’s soon to be released book (h/t Axios): 1/12 Image
Here, Trump is clearly excusing and condoning the violence on Jan 6 that he incited on the grounds that it was motivated by righteous and justified political anger. 2/12
Political anger, whether righteous and justified or not, does not provide a legal excuse for *any* violence--like, for example, the insurrectionary violence that occurred on Jan 6. 3/12
At a bare minimum, what Trump did on Jan 6 was incitement to *obstruction of justice,* a federal criminal offence that carries a potential five year prison sentence. 4/12
I have always believed that the DOJ is building a case against Trump for obstruction of justice. OOJ was, in fact, an open and shut legal case from the get-go, as I Tweeted shortly after Jan 6. 5/12
*Insurrectionary* violence was also involved, but that is a harder case to prove, and that probably accounts for the very long delay in DOJ indictments of the insurrection’s leaders (including Trump). 6/12
Trump’s defense of the “Hang Pence” chants, and by implication the violence on Jan 6, will make it even harder for his attorneys to defend Trump in the court trial over Jan 6 that is undoubtedly coming. 7/12
Trump will be indicted for incitement to violence, and here we have him, ten months later, defending that violence on (political) grounds that will provide no legal defense for him--on First Amendment or any other grounds: indeed, it will make his lawyers’ task even harder. 8/12
This is so obvious that one has to wonder what Trump’s motives are here. Is Trump sending a signal to federal prosecutors to cease and desist, on the grounds that the country is in a place now in which right-wing political violence is inevitable and justified? 9/12
That is a view that much of his base has already endorsed, as reported most recently in an article in today’s NYT: 10/12 tinyurl.com/yzfqbx9r
Trump and his cult have been edging closer to this position for some time now. This poses a great danger to the country, but I believe it is an even bigger-even an existential threat--to the GOP, since all the evidence indicates that this is and will remain a fringe view. 11/12
If I were a Republican (which admittedly I am not) I would be hoping and praying that Trump, and things generally, do not go there. It would be damaging to the country for sure, but almost certainly catastrophic for the GOP.

But Trump and his cult are capable of anything. 12/12

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More from @twoodiac

16 Sep
Today Psaki (speaking for Biden) accused Trump of “fomenting an insurrection.”

I now expect that the Admin is planning to indict Trump for what he did (and failed to do) on Jan 6, and that it goes beyond obstruction of justice (OOJ being bad enough). 1/4 tinyurl.com/yjnvrx68
On Jan 6 Biden, referring to the *rioters,* called the attack on the Capitol an “insurrection” that “bordered on sedition.” He did not accuse Trump himself of “fomenting an insurrection.”

He did today, through Psaki. 2/4
Psaki chooses her words carefully. The move from accusing the *rioters* of engaging in an insurrection bordering on sedition to accusing *Trump* of “fomenting an insurrection” really makes one wonder: What has *Biden* been told about Jan 6 by the FBI and DOJ?! 3/4
Read 5 tweets
11 Sep
My prediction: The federal district court in Austin will grant the declaratory and injunctive relief against SB 8 that the federal government has requested. That should provide a safe enough harbor for abortion providers to resume services, though relief will take weeks. 1/5
For faster action, invoke Section 242. That would involve the feds targeting and suing individuals acting as private attorneys general on the authority of rights conferred (unconstitutionally) by an (unconstitutional) state law (SB 8), and doing so in federal court. 2/5
Note that Section 242 can be invoked for violations of constitutional rights alone. That is, no federal statute is needed to invoke it (though most lawsuits under 242 do so under the authority of a statute). 3/5
Read 10 tweets
10 Sep
Can one sue and name as defendants those who might or would do something? tinyurl.com/yfzonbbc 1/6
In *actuality*, the United States sued every resident of the state of TX today--because SB 8 grants all individuals there the right to act as private attorneys general to bring lawsuits under the color of the law. 2/6
That’s fine. There is no legal objection to making all the individuals residing in TX defendants in a lawsuit against them.

And it was also unavoidable, b/c that is what SB 8 did to every single resident of the state, no matter where they stood on the new law. 3/6
Read 7 tweets
9 Sep
The WSJ reported Wednesday that the Biden Admin plans to take legal action against the new anti-abortion law in TX. It also reported that the action, whatever it turns out to be, is expected soon, and might be taken as soon as today. tinyurl.com/yeqjlj78 (paywall) 1/16
The WSJ also reports that it is unclear what action is going to be taken. Some ideas that have been tossed around are pretty far out, like setting up abortion clinics on military bases or other federal facilities in TX (not going to happen and not a good idea either). 2/16
A lot of people are excited about the idea of suing Gov. Abbott and possibly state legislators. That’s not a good idea, either. It *is* a good idea to sue other state actors (like state judges and county clerks) b/c they will be more closely involved as state actors in the 3/16
Read 17 tweets
5 Sep
The legal reasoning behind SB8 is that courts don’t “erase” laws or void them when they are held to be unconstitutional. Such laws remain on the books where they can still be enforced by private lawsuits (à la SB8). 1/4 tinyurl.com/ygrq87hd
What this overlooks is that courts can also issue injunctions *against laws like SB8*! (A TX state court has already done so. It’s a temporary injunction now, but it can be made permanent.) 2/4
According to the legal reasoning behind SB8, that doesn’t “erase” SB8 from the books, but it does make it unenforceable.

Upshot: the attempt to authorize *private rights of action* against abortion in TX has already been thwarted by the courts. 3/4
Read 5 tweets
4 Sep
Some voters I’ve talked to today (as well as many political and media pundits, apparently) seemed to feel that the question going forward will be: How do I feel about abortion? And when do I think it should be made illegal, if ever? 1/5
But the really pressing questions now are very much political and legal ones, and they are very sharp.

Who is to *decide*? The woman with the pregnancy, or anyone else, including them? (It’s called a *woman’s* right to choose.) 2/5
Same for the time period question. The *political* debate now is over the first trimester (Roe), and no other time period. (You don’t get to choose.) 3/5
Read 6 tweets

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